Espe Services Privacy Policy

Introduction

Welcome to the ESPE SERVICE Mobile Application ("App"), developed, owned, and operated by ESPE SERVICE ("Company," "We," "Us," or "Our"). The App is designed to facilitate connections between service Providers and Clients for various services, including but not limited to home repairs, personal services, transportation, professional consultations, and more. These Terms of Use ("Terms") govern your access and use of the App and its associated services ("Services"). Please read these Terms carefully before using the App. By accessing, downloading, installing, registering for, or using the App, you agree to be bound by these Terms, our Privacy Policy, and any other legal notices and policies posted in the App or otherwise provided to you by ESPE SERVICE (collectively, the "Agreement").

IMPORTANT NOTICE

THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ESPE SERVICE. BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY FUTURE MODIFICATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE APP.

We reserve the right to modify or update these Terms at any time. Any changes to these Terms will be posted in the App and, where appropriate, notified to you by email or other communication methods. Continued use of the App after such changes constitutes your acceptance of the modified Terms. Therefore, it is your responsibility to regularly review these Terms to ensure compliance. These Terms apply to all Users of the App, including Providers, Clients, Agents, and visitors.

DISCLAIMER

The use of the App is at your own risk. We make no representations or warranties regarding the reliability, suitability, or safety of the Services provided by third-party Providers registered on the App. ESPE SERVICE disclaims all liability for any damages or losses resulting from your interactions with Providers or other Users.

Definitions and Key Terminology

To facilitate your understanding of these Terms, the following definitions apply throughout the Agreement. These definitions are essential for clarity and consistency. For the avoidance of doubt, singular terms include the plural and vice versa.

1. App

The ESPE SERVICE mobile application, including but not limited to its software, content, services, features, and functionalities.

2. User

Any individual or entity that downloads, installs, accesses, or uses the App, including but not limited to Providers, Clients, Agents, and visitors.

3. Provider

Any User who offers and provides services to other Users (Clients) through the App, whether as an individual or a business entity, including, but not limited to, mechanics, electricians, contractors, tutors, drivers, etc.

4. Agent

Any individual or entity authorized by ESPE SERVICE to assist Providers, Clients, or other Users in accessing or using the App, including, but not limited to, registration, verification, or facilitation of services.

5. Client

Any User who requests and/or receives services from a Provider through the App, whether as an individual or a business entity.

6. Account

The User's personal or professional account created within the App, used to access and manage their activities on the platform.

7. Service(s)

The services offered through the App by Providers to Clients, which may include but are not limited to repair services, consultations, personal services, and transportation services.

8. Content

All forms of data, information, text, photographs, graphics, video, audio, messages, and other materials uploaded, posted, transmitted, or otherwise made available by Users on or through the App.

9. Third-Party Services

Any products, services, or content provided by third parties that are accessed through links, integrations, or interactions within the App.

10. ESPE SERVICE Content

Any content, including software, text, images, graphics, logos, and any other proprietary material, owned, controlled, or licensed by ESPE SERVICE and made available on the App.

11. Personal Data

Any information that relates to an identified or identifiable individual as defined under applicable data protection laws, including but not limited to names, contact information, and location data.

12. Confidential Information

Any non-public information disclosed by one party to the other in connection with the App or Services, including but not limited to business plans, technical data, and personal information.

13. Service Fees

Fees paid by Users for accessing or using certain features of the App or for requesting services from Providers.

14. Force Majeure

Any event or circumstance beyond the control of the parties that prevents or delays performance, including natural disasters, pandemics, war, or government action.

ELIGIBILITY AND USER CONDUCT

1.1. Eligibility

To register for and use the App, you must meet the following eligibility requirements:

  • You must be at least 18 years of age or older if a higher minimum age is required by law.
  • You must have the legal capacity to enter into a binding contract with ESPE SERVICE.
  • You must provide accurate, truthful, and complete information during registration and maintain the accuracy of such information throughout your use of the App.
  • You must comply with all applicable local, national, and international laws, including the laws of Tanzania, governing the use of mobile applications, digital platforms, and online services.

If you do not meet the eligibility requirements, ESPE SERVICE reserves the right to immediately terminate your Account and prohibit you from further access to the App.

1.2. Prohibited Activities

In connection with your use of the App, you agree not to engage in any of the following prohibited activities, which are considered violations of these Terms:

  • Providing false, misleading, or inaccurate information during registration or at any time during your use of the App.
  • Using the App for fraudulent or illegal purposes, including activities that violate applicable laws and regulations.
  • Uploading, posting, or sharing content that violates any third-party rights, including but not limited to intellectual property rights, privacy rights, or confidentiality agreements.
  • Harassing, threatening, or abusing any other User of the App, including Providers, Clients, Agents, or other individuals.
  • Circumventing or attempting to bypass security measures or restrictions placed on the use of the App, including accessing areas of the App not intended for public use.
  • Engaging in any activity that disrupts, damages, or interferes with the functionality, integrity, or security of the App, its infrastructure, or its data.
  • Misusing or exploiting any promotional offers, discounts, or rewards provided by ESPE SERVICE, including engaging in fraudulent activities to gain benefits not intended for legitimate use.
  • Engaging in any activities that violate the intellectual property rights of ESPE SERVICE or third parties, including unauthorized reproduction, distribution, or modification of content.

Violation of any of the above-listed prohibited activities may result in the immediate suspension or termination of your Account, and you may be subject to legal action for damages or other relief.

1.3. User Responsibilities

As a User of the App, you are responsible for the following:

  • Ensuring that all information you provide to ESPE SERVICE is accurate, complete, and up-to-date. This includes, but is not limited to, registration details, contact information, payment details, and any certifications or licenses required for Providers.
  • Maintaining the security and confidentiality of your login credentials. You must not share your account details with any third party, and you must notify ESPE SERVICE immediately if you suspect unauthorized use of your account.
  • Complying with all applicable laws and regulations when using the App, including but not limited to consumer protection laws, professional licensing requirements, and privacy laws.

USER REGISTRATION AND ACCOUNT SECURITY

2.1. Account Registration

To access certain features of the App, you must register for an Account. The registration process may differ depending on whether you are registering as a Provider, Client, or Agent. During registration, you will be required to provide specific personal information, including but not limited to your full name, email address, contact number, and location. For Providers, additional information such as identification documents, certifications, and licenses may be required.

By registering for an Account, you represent and warrant that:

  • All information you provide during registration is accurate, complete, and truthful.
  • You will promptly update your information if there are any changes to ensure that it remains accurate.
  • You are not registering for the App on behalf of a third party unless expressly authorized by ESPE SERVICE.

2.2. Identity Verification

For certain types of Users, such as Providers, ESPE SERVICE may require verification of your identity before you can access certain services or features. Identity verification may include submitting identification documents such as government-issued IDs, business registration certificates, and letters of recommendation from local authorities. ESPE SERVICE reserves the right to refuse registration or suspend accounts pending verification of identity.

2.3. Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password. You agree not to share your login details with any third party and to take all reasonable precautions to prevent unauthorized access to your account. You must notify ESPE SERVICE immediately if you suspect that your account has been compromised or accessed without your permission.

ESPE SERVICE is not liable for any loss or damage resulting from unauthorized access to your account caused by your failure to secure your login credentials. You are responsible for all actions and transactions carried out through your account, even if you did not authorize them, unless they result from a security breach on ESPE SERVICE's part.

SERVICE PROVIDER REQUIREMENTS

3.1. BACKGROUND CHECKS AND CERTIFICATIONS

To register as a Provider, you must undergo a thorough background check conducted by ESPE SERVICE or its authorized Agents. This background check may include verifying your identity, criminal record, certifications, and licenses. ESPE SERVICE reserves the right to deny or revoke your Provider status if you do not pass the background check or fail to meet our requirements.

Additionally, Providers must ensure that they maintain up-to-date certifications, licenses, and other qualifications required by law or industry standards to perform the services they offer. You are solely responsible for complying with all local regulations, safety protocols, and professional guidelines applicable to your field.

3.2. SAFETY OBLIGATIONS AND COMPLIANCE

Providers are required to comply with all relevant safety regulations, including occupational safety and health regulations, and to ensure that their services are performed in a safe and lawful manner. Providers are responsible for the actions of their employees, contractors, and assistants when delivering services to Clients.

Providers must also comply with any specific safety protocols mandated by ESPE SERVICE for the use of the App, including compliance with COVID-19 safety guidelines or any other health-related precautions.

3.3. REPRESENTATIONS AND WARRANTIES

As a Provider, you represent and warrant that you:

  • Possess the necessary skills, experience, certifications, licenses, and qualifications to provide the services you offer through the App.
  • Will perform all services with reasonable care, professionalism, and in compliance with applicable laws and regulations.
  • Will provide truthful and accurate representations of your qualifications, services, pricing, and availability in your profile.

Failure to comply with these obligations may result in the suspension or termination of your Provider status and potential legal action for damages caused by non-compliance.

SERVICE PROVIDER REQUIREMENTS

3.1. BACKGROUND CHECKS AND CERTIFICATIONS

To register as a Provider, you must undergo a thorough background check conducted by ESPE SERVICE or its authorized Agents. This background check may include verifying your identity, criminal record, certifications, and licenses. ESPE SERVICE reserves the right to deny or revoke your Provider status if you do not pass the background check or fail to meet our requirements.

Additionally, Providers must ensure that they maintain up-to-date certifications, licenses, and other qualifications required by law or industry standards to perform the services they offer. You are solely responsible for complying with all local regulations, safety protocols, and professional guidelines applicable to your field.

3.2. SAFETY OBLIGATIONS AND COMPLIANCE

Providers are required to comply with all relevant safety regulations, including occupational safety and health regulations, and to ensure that their services are performed in a safe and lawful manner. Providers are responsible for the actions of their employees, contractors, and assistants when delivering services to Clients.

Providers must also comply with any specific safety protocols mandated by ESPE SERVICE for the use of the App, including compliance with COVID-19 safety guidelines or any other health-related precautions.

3.3. REPRESENTATIONS AND WARRANTIES

As a Provider, you represent and warrant that you:

  • Possess the necessary skills, experience, certifications, licenses, and qualifications to provide the services you offer through the App.
  • Will perform all services with reasonable care, professionalism, and in compliance with applicable laws and regulations.
  • Will provide truthful and accurate representations of your qualifications, services, pricing, and availability in your profile.

Failure to comply with these obligations may result in the suspension or termination of your Provider status and potential legal action for damages caused by non-compliance.

PAYMENT TERMS

4.1. SERVICE FEES AND PAYMENT PROCESSING

The App facilitates transactions between Providers and Clients for services rendered. Payment terms are as follows:

  • Non-Refundable Fees: All service fees are non-refundable unless otherwise specified in the App's refund policy. Providers are entitled to receive payments for services delivered as agreed with the Clients.
  • Disputes: Any disputes regarding payments must be resolved between the Provider and the Client. ESPE SERVICE may, at its discretion, offer limited support in resolving payment disputes but is not liable for any losses or damages arising from these disputes.

4.2. FEES AND CHARGES

As a User of the App, you understand and agree that ESPE SERVICE may charge certain fees for the use of its platform, including but not limited to platform fees, transaction fees, and processing fees ("Service Fees"). These Service Fees will be clearly displayed to the Users prior to confirming a transaction or using a particular feature within the App.

4.3. DISPUTES OVER PAYMENTS

In the event of a dispute regarding payment, the involved Users (Client and Provider) agree to engage in good faith negotiations to resolve the matter. ESPE SERVICE is not responsible for mediating disputes but may, at its sole discretion, assist in resolving payment disputes if both parties agree to such assistance. Any disputes unresolved through direct negotiation may be subject to the Dispute Resolution provisions outlined in these Terms.

CONTENT AND INTELLECTUAL PROPERTY

5.1. OWNERSHIP OF CONTENT

All Content on the App, including but not limited to text, images, graphics, logos, audio clips, video clips, data compilations, and software, is the exclusive property of ESPE SERVICE or its licensors, except for User-generated Content. This includes all copyrights, trademarks, patents, and other intellectual property rights associated with the Content.

No User may use, copy, reproduce, republish, modify, distribute, display, or create derivative works based on the Content owned by ESPE SERVICE without express written permission from ESPE SERVICE or the appropriate rights holder.

5.2. USER-GENERATED CONTENT

Users may upload or submit Content to the App, such as reviews, comments, images, or other forms of data ("User-Generated Content"). By uploading or submitting User-Generated Content, you grant ESPE SERVICE a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content across any media platform.

You represent and warrant that you have the necessary rights and permissions to submit the User-Generated Content and that such Content does not violate any intellectual property rights or other rights of third parties. You also agree that ESPE SERVICE has the right, but not the obligation, to review, monitor, or remove any User-Generated Content at its sole discretion.

5.3. PROHIBITED CONTENT

Users are strictly prohibited from uploading, posting, or submitting Content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of another's privacy.
  • Infringes any patent, trademark, trade secret, copyright, or other proprietary rights.
  • Contains viruses, malware, or other harmful software intended to damage or disrupt the App.
  • Encourages unlawful conduct or actions that could result in criminal or civil liability.
  • Is false, deceptive, or misleading.

Users who violate these prohibitions may face immediate account suspension or termination, and ESPE SERVICE reserves the right to pursue further legal action if necessary.

5.4. TAKEDOWN PROCEDURES FOR COPYRIGHT INFRINGEMENT

ESPE SERVICE respects the intellectual property rights of others and expects Users to do the same. If you believe that Content on the App infringes your copyright or other intellectual property rights, please submit a written notice to ESPE SERVICE's designated copyright agent. The notice must include:

  • A physical or electronic signature of the rights holder or a person authorized to act on their behalf.
  • A description of the copyrighted work or other intellectual property claimed to be infringed.
  • A description of the location on the App where the alleged infringing Content is located.
  • Your contact information, including your name, address, email address, and telephone number.
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the rights holder, its agent, or the law.
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights holder.

Upon receipt of a valid takedown notice, ESPE SERVICE will promptly remove the infringing Content and notify the User responsible for the Content. If the User believes that the removal was in error, they may submit a counter-notice. ESPE SERVICE will provide the details of the counter-notice procedure to the affected User.

LIMITATION OF LIABILITY

6.1. GENERAL LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, ESPE SERVICE and its officers, directors, employees, agents, affiliates, licensors, and service providers shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for lost profits, lost data, personal injury, property damage, or loss of goodwill, arising out of or in connection with the use or inability to use the App or Services, even if ESPE SERVICE has been advised of the possibility of such damages.

6.2. NO WARRANTIES

The App and Services are provided "as is" and "as available," without any representations or warranties, express or implied, of any kind. ESPE SERVICE expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. ESPE SERVICE does not warrant that the App will be uninterrupted, secure, or free of errors, viruses, or other harmful components.

You acknowledge that any reliance on the App or Services is at your own risk, and ESPE SERVICE shall have no responsibility or liability for the accuracy, availability, or reliability of the information or services provided through the App.

6.3. DISCLAIMERS REGARDING USER INTERACTIONS

ESPE SERVICE is not responsible for the actions or omissions of any Users, including Providers and Clients. Users interact with one another at their own risk, and ESPE SERVICE disclaims all liability for any disputes, injuries, damages, or losses arising from User interactions, including the performance or non-performance of services by Providers.

ESPE SERVICE is not responsible for verifying the accuracy of information provided by Providers or the quality of services offered through the App. All transactions between Users are conducted at their own risk, and ESPE SERVICE disclaims any liability for damages arising from such transactions.

6.4. DATA BREACHES AND CYBERSECURITY INCIDENTS

While ESPE SERVICE takes reasonable measures to protect the security of your data, no system can be entirely immune from cyberattacks or data breaches. ESPE SERVICE shall not be held liable for any unauthorized access, theft, or loss of data resulting from a cybersecurity incident beyond its control. Users are encouraged to take appropriate security measures to protect their data, including using strong passwords, enabling two-factor authentication, and regularly updating software.

DISPUTE RESOLUTION AND GOVERNING LAW

7.1. ARBITRATION AGREEMENT

Any disputes, claims, or controversies arising out of or relating to the App, Services, or these Terms shall be resolved by binding arbitration under the arbitration laws of Tanzania. You agree to resolve all disputes in individual arbitration and not as a part of a class action, collective action, or representative action.

Arbitration proceedings shall be conducted by a mutually agreed-upon arbitrator in accordance with the rules of the Tanzania Arbitration Centre, and the arbitrator’s decision shall be final and binding on the parties. The parties agree that the arbitration shall be conducted confidentially and that any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

7.2. GOVERNING LAW

These Terms, and any dispute arising out of or relating to them, shall be governed by and construed in accordance with the laws of Tanzania, without regard to its conflict of law principles.

7.3. LIMITATION PERIOD

Any claims or disputes arising from or related to the App or these Terms must be brought within one (1) year from the date on which the cause of action arose. Claims brought after this period will be barred and deemed waived.

TERMINATION AND SUSPENSION OF ACCOUNTS

8.1. TERMINATION BY USER

You may terminate your Account at any time by submitting a request through the App's settings or by contacting ESPE SERVICE’s support team. Upon termination, you will no longer have access to your Account, and any remaining balances or credits may be forfeited unless otherwise stated by ESPE SERVICE.

8.2. TERMINATION BY ESPE SERVICE

ESPE SERVICE reserves the right to terminate or suspend any User’s Account at any time, with or without cause, and with or without notice. Grounds for termination or suspension may include:

  • Violations of these Terms or any applicable laws.
  • Fraudulent or unlawful activity.
  • Abusive or harmful behavior toward other Users or ESPE SERVICE.
  • Failure to pay any fees or charges due to ESPE SERVICE.
  • Unauthorized access to or misuse of the App or Services.
  • Submission of false or misleading information during registration or service transactions.

In the event that ESPE SERVICE terminates or suspends your Account, you will receive a notification outlining the reason for such action. ESPE SERVICE reserves the right to retain or delete any information associated with your Account, including transaction history, communications, or User-Generated Content.

8.3. EFFECT OF TERMINATION

Upon termination of your Account, all rights granted to you under these Terms will immediately cease. You will lose access to the App and any associated services. Any fees or payments owed to ESPE SERVICE must be paid in full prior to or upon termination. You may not create a new Account without express permission from ESPE SERVICE following termination.

Users whose accounts are terminated due to violations of these Terms may also be permanently prohibited from using the App or related services in the future. ESPE SERVICE reserves the right to take legal action against Users for any misconduct or violations of applicable laws.

8.4. APPEALS AND DISPUTE RESOLUTION FOR ACCOUNT TERMINATION

If you believe your Account has been wrongfully terminated or suspended, you may submit an appeal through the App’s customer support channel. The appeal must include an explanation of why you believe the termination was improper, along with any supporting evidence. ESPE SERVICE will review the appeal in good faith and may reinstate your Account at its sole discretion.

If your appeal is denied, you may pursue the dispute resolution process outlined in the Arbitration Agreement. However, you must first attempt to resolve the matter through the appeal process before initiating arbitration.

INDEMNIFICATION

9.1. USER INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless ESPE SERVICE, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

  • Your use of the App or Services.
  • Your violation of these Terms or any applicable laws.
  • Any disputes between you and other Users, including Providers and Clients.
  • Any breach of your representations and warranties.
  • Any claims of intellectual property infringement or other wrongful acts involving User-Generated Content you submit or upload to the App.
  • Any violation of the rights of third parties.

You agree to cooperate fully with ESPE SERVICE in the defense of any claims that are the subject of your indemnification obligations. ESPE SERVICE reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify ESPE SERVICE, and you agree not to settle any such matter without the prior written consent of ESPE SERVICE.

DATA COLLECTION, USAGE, AND PRIVACY

10.1. DATA COLLECTION AND USER CONSENT

By using the App, you consent to the collection, processing, and storage of your personal data in accordance with ESPE SERVICE’s Privacy Policy. ESPE SERVICE collects a range of data, including but not limited to your name, contact information, location data, transaction history, and usage patterns. This data may be collected through various methods, including direct input by you, automated tracking technologies, or third-party integrations.

10.2. USE OF PERSONAL DATA

Your personal data is used to provide and improve the Services offered by ESPE SERVICE. This includes facilitating transactions, verifying identities, enhancing user experience, conducting analytics, and ensuring compliance with legal obligations. By agreeing to these Terms, you authorize ESPE SERVICE to use your data for these purposes and any other purposes outlined in the Privacy Policy.

10.3. DATA SHARING WITH THIRD PARTIES

ESPE SERVICE may share your personal data with third-party service providers who assist in delivering the Services, such as payment processors, identity verification services, or cloud storage providers. These third parties are contractually obligated to protect your data in accordance with applicable data protection laws.

In certain circumstances, ESPE SERVICE may also share your data with regulatory authorities, law enforcement, or other third parties where required by law or to protect the safety, rights, or property of ESPE SERVICE, Users, or the public.

10.4. DATA SECURITY

ESPE SERVICE takes reasonable measures to protect the security and confidentiality of your personal data. This includes using encryption, secure servers, and other industry-standard security technologies. However, no method of transmission over the internet or electronic storage is entirely secure. Therefore, ESPE SERVICE cannot guarantee absolute security of your data and shall not be liable for unauthorized access, theft, or loss of data beyond its control.

10.5. DATA BREACH NOTIFICATION

In the event of a data breach that affects your personal data, ESPE SERVICE will notify you as soon as reasonably practicable. The notification will outline the nature of the breach, the data affected, and the steps ESPE SERVICE is taking to mitigate the impact of the breach. Depending on the severity of the breach, ESPE SERVICE may also notify relevant regulatory authorities as required by law.

10.6. DATA RETENTION

ESPE SERVICE will retain your personal data for as long as necessary to provide the Services and for legitimate business purposes, including legal and regulatory compliance. Once your data is no longer needed, ESPE SERVICE will securely delete or anonymize it in accordance with applicable laws and data retention policies.

FORCE MAJEURE

11.1. FORCE MAJEURE EVENTS

ESPE SERVICE shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, war, civil unrest, terrorism, labor disputes, cyberattacks, interruptions in telecommunications or internet services, and failures of third-party service providers ("Force Majeure Events").

11.2. SUSPENSION OF PERFORMANCE

If a Force Majeure Event occurs, ESPE SERVICE’s obligations under these Terms will be suspended for the duration of the event. ESPE SERVICE will use reasonable efforts to mitigate the impact of the Force Majeure Event and resume performance as soon as practicable. However, ESPE SERVICE shall not be held liable for any delays or failures in performance caused by such events.

If the Force Majeure Event continues for more than thirty (30) days, either party may terminate the affected Services or these Terms without liability to the other party, except for any accrued payment obligations.

MODIFICATIONS TO THE AGREEMENT

12.1. RIGHT TO MODIFY

ESPE SERVICE reserves the right to modify these Terms at any time. Modifications may include, but are not limited to, changes to the Services offered, payment terms, privacy practices, and User obligations. Any modifications will be effective immediately upon posting the updated Terms on the App.

12.2. NOTIFICATION OF CHANGES

ESPE SERVICE will notify Users of any significant changes to these Terms via email, in-app notifications, or by posting a notice on the App. Users are encouraged to review the updated Terms regularly to stay informed of any changes.

12.3. ACCEPTANCE OF MODIFICATIONS

By continuing to use the App after the updated Terms have been posted, you agree to be bound by the modified Terms. If you do not agree with any modifications, you must immediately stop using the App and terminate your Account.

MISCELLANEOUS

13.1. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that achieves the intent of the original provision as closely as possible.

13.2. ENTIRE AGREEMENT

These Terms, along with any other legal notices or policies posted on the App or Website, constitute the entire agreement between you and ESPE SERVICE regarding the use of the App and Services. This Agreement supersedes any prior agreements, understandings, or representations, whether written or oral, relating to the subject matter herein.

13.3. WAIVER

No failure or delay by ESPE SERVICE in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. Any waiver by ESPE SERVICE must be in writing and signed by an authorized representative of ESPE SERVICE to be effective.

13.4. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of ESPE SERVICE. ESPE SERVICE may assign its rights and obligations under these Terms to any third party at any time without notice to you.

13.5. NOTICES

All notices, requests, demands, and other communications required or permitted under these Terms shall be in writing and delivered to the addresses provided in the App or via email. ESPE SERVICE will deliver notices to you via the email address associated with your Account or by posting notices within the App.

USER CONSENT AND PERMISSIONS

14.1. EXPLICIT CONSENT

By downloading, installing, or using the ESPE SERVICE App, you expressly consent to the collection, use, processing, and sharing of your personal data as outlined in our Privacy Policy. This consent is obtained through a “clickwrap” agreement, where you must click the “I Accept” button to confirm that you have read, understood, and agree to these Terms, including the Privacy Policy and any additional agreements incorporated by reference.

14.2. PERMISSIONS MANAGEMENT

The App may request access to various device functionalities, such as location services, camera, contacts, background location, storage access, and microphone. These permissions are necessary for the App to deliver its core functionalities effectively. You will be prompted to grant or deny these permissions when first accessing the relevant features.
You can manage and modify these permissions at any time through your device’s settings. However, disabling certain permissions may impact the App's functionality and your overall user experience. ESPE SERVICE shall not be responsible for any reduced functionality or service limitations resulting from such changes.

14.3. WITHDRAWAL OF CONSENT

You have the right to withdraw your consent for data collection and processing at any time. To do so, you must contact ESPE SERVICE via the contact details provided in the Privacy Policy. Withdrawal of consent may result in the suspension or termination of your Account, and you may no longer be able to access or use certain features of the App.

14.4. CONSENT FOR COMMUNICATIONS

By accepting these Terms, you agree to receive communications from ESPE SERVICE related to your Account, including but not limited to service updates, promotional offers, and notifications of changes to these Terms or the Privacy Policy. You may opt out of marketing communications at any time by following the instructions provided in those communications.

ADDITIONAL TERMS FOR AGENTS

15.1. REGISTRATION AND VERIFICATION

15.1.1. REGISTRATION REQUIREMENTS

Agents must provide valid identification, including a National ID (NIDA) and a letter of authorization from a local government authority. The registration process will include submitting these documents and any other requested information to verify identity and eligibility.

15.1.2. VERIFICATION PROCESS

ESPE SERVICE reserves the right to conduct background checks and verify the authenticity of the provided documents. Agents must cooperate with any additional verification processes as required by ESPE SERVICE.

15.2. RESPONSIBILITIES AND CONDUCT

15.2.1. PROFESSIONAL CONDUCT

Agents are expected to conduct themselves professionally at all times. This includes maintaining high standards of ethical behavior and acting in a manner that reflects positively on ESPE SERVICE.

15.2.2. COMPLIANCE WITH REGULATIONS

Agents must adhere to all applicable laws, regulations, and industry standards. This includes compliance with local, regional, and national regulations affecting their professional activities.

15.2.3. ACCURACY OF INFORMATION

Agents are responsible for ensuring that all information provided in their profiles and interactions with clients is accurate and up-to-date. This includes contact details, areas of expertise, and availability.

15.3. DUTIES AND OBLIGATIONS

15.3.1. PERFORMANCE OF DUTIES

Agents must perform their duties diligently and with a high level of competence. Any failure to meet performance standards or breaches of these Terms may result in suspension or termination of their account.

15.3.2. CONFLICT OF INTEREST

Agents must disclose any potential conflicts of interest that could affect their impartiality or professional judgment. ESPE SERVICE reserves the right to review and address any such conflicts as deemed necessary.

15.4. COMPENSATION AND FEES

15.4.1. FEE STRUCTURE

Agents are entitled to compensation as specified in their agreement with ESPE SERVICE. All fees and payment structures are outlined in the specific contract or agreement entered into with ESPE SERVICE.

15.4.2. PAYMENT PROCESSING

Payments to Agents will be processed through secure payment systems. Agents must ensure that their payment details are accurate and promptly update any changes to their account information.

15.4.3. DISPUTE RESOLUTION

Any disputes regarding compensation or fees should be addressed through the designated support channels. ESPE SERVICE will review and resolve payment-related issues in accordance with the contractual agreement.

15.5. LIABILITY AND INDEMNIFICATION

15.5.1. LIABILITY

Agents are solely responsible for their actions and any claims, damages, or losses arising from their services. ESPE SERVICE shall not be liable for any disputes or issues arising from the performance of services by Agents.

15.5.2. INDEMNIFICATION

Agents agree to indemnify, defend, and hold harmless ESPE SERVICE, its affiliates, directors, officers, and employees from any claims, damages, liabilities, or expenses arising from their actions, including but not limited to, service delivery, legal disputes, or regulatory non-compliance.

15.6. CONFIDENTIALITY

15.6.1. CONFIDENTIAL INFORMATION

Agents must maintain the confidentiality of any sensitive or proprietary information obtained through their association with ESPE SERVICE. This includes, but is not limited to, client data, business strategies, and internal communications.

15.6.2. NON-DISCLOSURE

Agents are prohibited from disclosing confidential information to third parties without prior written consent from ESPE SERVICE. This obligation of confidentiality continues even after the termination of the Agent’s association with ESPE SERVICE.

15.7. TERMINATION OF AGENT STATUS

15.7.1. GROUNDS FOR TERMINATION

ESPE SERVICE reserves the right to terminate or suspend an Agent’s account for violations of these Terms, failure to meet performance standards, or any conduct deemed detrimental to ESPE SERVICE or its users.

15.7.2. TERMINATION PROCESS

In the event of termination, Agents will be notified via the contact information provided. Any outstanding fees or obligations must be settled before account closure.

15.7.3. APPEAL PROCESS

Agents may appeal the decision to terminate their account by providing a written request to ESPE SERVICE, outlining the grounds for their appeal. ESPE SERVICE will review and respond to appeals in a timely manner.

15.8. CHANGES TO AGENT TERMS

15.8.1. MODIFICATIONS

ESPE SERVICE may update or modify these additional terms for Agents periodically. Agents will be notified of any changes, and continued use of the App constitutes acceptance of the updated terms.

15.8.2. ACKNOWLEDGMENT

Agents are encouraged to review the Terms regularly to stay informed of any changes. Failure to review and accept modifications does not excuse compliance with the updated terms.

ADDITIONAL TERMS FOR SERVICE PROVIDERS

16.1. BACKGROUND CHECKS AND CERTIFICATION

Service Providers must undergo background checks and provide valid certifications relevant to their service category. ESPE SERVICE reserves the right to review and verify the qualifications and credentials of Service Providers before allowing them to list their services on the App. Service Providers are responsible for maintaining their certifications and complying with all legal and regulatory requirements.

16.2. SERVICE QUALITY AND COMPLIANCE

Service Providers are expected to deliver services in a professional and competent manner. They must comply with all applicable laws, safety standards, and industry regulations. ESPE SERVICE reserves the right to remove or suspend any Service Provider from the App if their services are found to be substandard or non-compliant with applicable standards.

16.3. PROVIDER REPRESENTATIONS AND WARRANTIES

By listing services on the App, Service Providers represent and warrant that:

  • They have the necessary skills, qualifications, and licenses to perform the services offered.
  • All information provided in their profile, including service descriptions, pricing, and media uploads, is accurate and truthful.
  • They will not engage in any activities that could harm the reputation or integrity of ESPE SERVICE or its users.

16.4. LIABILITY AND DISPUTE RESOLUTION

Service Providers are solely responsible for any claims, disputes, or damages arising from the services they provide. ESPE SERVICE shall not be liable for any issues related to service delivery, including but not limited to, personal injury, property damage, or contractual disputes. Service Providers must handle disputes with Clients directly and agree to indemnify ESPE SERVICE for any claims arising from their services.

ADDITIONAL TERMS FOR CLIENTS

17.1. PAYMENT AND FEES

Clients agree to pay all fees associated with the services, including any applicable taxes or additional charges.

17.2. SERVICE SATISFACTION

Clients are responsible for evaluating the quality of services provided by Service Providers. ESPE SERVICE encourages Clients to provide feedback and ratings to help maintain high service standards. Any issues or dissatisfaction with the services should be addressed directly with the Service Provider.

17.3. DISPUTE RESOLUTION

In case of any disputes related to services provided by Service Providers, Clients should first attempt to resolve the matter directly with the Provider. If resolution is not achieved, Clients may submit a complaint through the App’s support channels. ESPE SERVICE will review the complaint but will not mediate or arbitrate disputes between Clients and Service Providers.

FINAL CLAUSES

18.1. FORCE MAJEURE

ESPE SERVICE shall not be held liable for any failure to perform its obligations under these Terms due to Force Majeure events, as described in Section 11.1.

18.2. DATA PROTECTION

ESPE SERVICE is committed to protecting your personal data in accordance with applicable data protection laws, Tanzanian data protection regulations. For more details on how your data is handled, please refer to our Privacy Policy.

18.3. UPDATES AND REVISIONS

ESPE SERVICE reserves the right to update or revise these Terms periodically. Users are encouraged to review the Terms regularly to stay informed of any changes. Continued use of the App after modifications constitutes acceptance of the updated Terms.

By using the ESPE SERVICE App, you acknowledge that you have read, understood, and agreed to these comprehensive Terms of Use. If you do not agree with any part of these Terms, please do not download or use the App.